(Download) "United States V. Winters" by Fifth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: United States V. Winters
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 23, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant-Cross Appellee Terry Lynn Winters ("Winters") appeals from his conviction in the court below on the grounds (1) that the district court's modified Allen*fn1 charge was a misstatement of law and (2) that his conviction was against the weight of the evidence. Appellant-Cross Appellee David Edward Johns ("Johns") appeals on the ground that count nine of his indictment was duplicitous in violation of Fed.R.Crim.P. 8(a). Appellee-Cross-Appellant United States appeals on the ground that the district court incorrectly departed downward from the guidelines established by the United States Sentencing Commission in connection with the sentences for Winters and Johns. For the reasons set forth below, we affirm the convictions of Winters and Johns, but we vacate their sentences and remand for resentencing in compliance with the United States Sentencing Guidelines.